S T A T E O F N E W Y O R K
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7774
2023-2024 Regular Sessions
I N A S S E M B L Y
June 15, 2023
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the metropol-
itan transportation authority's voting members and requires such
authority to approve new financial obligations by a two-thirds vote;
and to repeal certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 of section 1263 of the
public authorities law is REPEALED and a new paragraph (a) is added to
read as follows:
(A)(1) THERE IS HEREBY CREATED THE "METROPOLITAN TRANSPORTATION
AUTHORITY." THE AUTHORITY SHALL BE A BODY CORPORATE AND POLITIC CONSTI-
TUTING A PUBLIC BENEFIT CORPORATION. THE AUTHORITY SHALL CONSIST OF A
CHAIRMAN, EIGHT OTHER VOTING MEMBERS OR COLLECTIVES, AND TWO NON-VOTING
AND FOUR ALTERNATE NON-VOTING MEMBERS, AS DESCRIBED IN SUBPARAGRAPH TWO
OF THIS PARAGRAPH APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND
CONSENT OF THE SENATE. ANY MEMBER APPOINTED TO A TERM COMMENCING ON OR
AFTER JUNE THIRTIETH, TWO THOUSAND NINE SHALL HAVE EXPERIENCE IN ONE OR
MORE OF THE FOLLOWING AREAS: TRANSPORTATION, PUBLIC ADMINISTRATION,
BUSINESS MANAGEMENT, FINANCE, ACCOUNTING, LAW, ENGINEERING, LAND USE,
URBAN AND REGIONAL PLANNING, MANAGEMENT OF LARGE CAPITAL PROJECTS, LABOR
RELATIONS, OR HAVE EXPERIENCE IN SOME OTHER AREA OF ACTIVITY CENTRAL TO
THE MISSION OF THE AUTHORITY. TWO OF THE EIGHT VOTING MEMBERS OR COLLEC-
TIVES OTHER THAN THE CHAIRMAN SHALL BE MEMBERS APPOINTED ON THE WRITTEN
RECOMMENDATION OF THE MAYOR OF THE CITY OF NEW YORK UPON THE ADVICE AND
CONSENT OF THE NEW YORK CITY COUNCIL; TWO OF THE VOTING MEMBERS OTHER
THAN THE CHAIRMAN SHALL BE MEMBERS APPOINTED BY THE GOVERNOR UPON THE
ADVICE AND CONSENT OF THE SENATE; ONE OF THE VOTING MEMBERS OTHER THAN
THE CHAIRMAN SHALL BE THE COMPTROLLER FOR NEW YORK CITY; ONE OF THE
VOTING MEMBERS OTHER THAN THE CHAIRMAN SHALL BE THE STATE COMPTROLLER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08595-01-3
A. 7774 2
EXCEPT WHERE SUCH MEMBER HAS A CONFLICT OF INTEREST WHERE THE DEPUTY
STATE COMPTROLLER SHALL BE A VOTING MEMBER OF THE BOARD; ONE OF THE
COLLECTIVES, WHICH SHALL HOLD ONE COLLECTIVE VOTE, SHALL BE MADE UP OF
THE COUNTY EXECUTIVES FOR ORANGE COUNTY, PUTNAM COUNTY, ROCKLAND COUNTY,
DUTCHESS COUNTY, AND WESTCHESTER COUNTY; AND THE OTHER COLLECTIVE, WHICH
SHALL HOLD ONE COLLECTIVE VOTE, SHALL BE MADE UP OF THE NASSAU COUNTY
COMPTROLLER AND THE SUFFOLK COUNTY COMPTROLLER. THE CHAIRMAN SHALL BE
APPOINTED BY THE GOVERNOR AND CONFIRMED BY THE STATE SENATE AND SHALL
NOT VOTE UNLESS THERE IS A TIE IN THE NUMBER OF VOTES BETWEEN THE OTHER
EIGHT VOTING MEMBERS AND COLLECTIVES. OF THE TWO VOTING MEMBERS, OTHER
THAN THE CHAIRMAN, APPOINTED BY THE GOVERNOR, ONE SHALL BE, AT THE TIME
OF APPOINTMENT, A RESIDENT OF THE CITY OF NEW YORK AND ONE SHALL BE, AT
THE TIME OF APPOINTMENT, A RESIDENT OF SUCH CITY OR OF ANY OF THE AFORE-
MENTIONED COUNTIES IN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT.
THE CHAIRMAN AND EACH OF THE APPOINTED MEMBERS SHALL BE APPOINTED FOR A
TERM OF FOUR YEARS, PROVIDED HOWEVER, THAT THIRTY DAYS AFTER THE EFFEC-
TIVE DATE OF THIS SUBPARAGRAPH, THE TERM OF THE CHAIRMAN SHALL EXPIRE;
PROVIDED, FURTHER, THAT SUCH CHAIRMAN MAY CONTINUE TO DISCHARGE THE
DUTIES OF HIS OR HER OFFICE UNTIL THE POSITION OF CHAIRMAN IS FILLED BY
APPOINTMENT BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE
AND THE TERM OF SUCH NEW CHAIRMAN SHALL TERMINATE JUNE THIRTIETH, TWO
THOUSAND TWENTY-SEVEN. THE TWO NON-VOTING AND FOUR ALTERNATE NON-VOTING
MEMBERS SHALL SERVE UNTIL JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN.
(2)(I) THERE SHALL BE TWO NON-VOTING MEMBERS AND FOUR ALTERNATE NON-
VOTING MEMBERS OF THE AUTHORITY, AS REFERRED TO IN SUBPARAGRAPH ONE OF
THIS PARAGRAPH.
(II) THE FIRST NON-VOTING MEMBER SHALL BE A REGULAR MASS TRANSIT USER
OF THE FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO THE GOVERNOR BY
THE NEW YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL. THE FIRST ALTER-
NATE NON-VOTING MEMBER SHALL BE A REGULAR MASS TRANSIT USER OF THE
FACILITIES OF THE AUTHORITY AND BE RECOMMENDED TO THE GOVERNOR BY THE
METRO-NORTH COMMUTER COUNCIL. THE SECOND ALTERNATE NON-VOTING MEMBER
SHALL BE A REGULAR MASS TRANSIT USER OF THE FACILITIES OF THE AUTHORITY
AND BE RECOMMENDED TO THE GOVERNOR BY THE LONG ISLAND RAIL ROAD
COMMUTER'S COUNCIL.
(III) THE SECOND NON-VOTING MEMBER SHALL BE RECOMMENDED TO THE GOVER-
NOR BY THE LABOR ORGANIZATION REPRESENTING THE MAJORITY OF EMPLOYEES OF
THE LONG ISLAND RAIL ROAD. THE THIRD ALTERNATE NON-VOTING MEMBER SHALL
BE RECOMMENDED TO THE GOVERNOR BY THE LABOR ORGANIZATION REPRESENTING
THE MAJORITY OF EMPLOYEES OF THE NEW YORK CITY TRANSIT AUTHORITY. THE
FOURTH ALTERNATE NON-VOTING MEMBER SHALL BE RECOMMENDED TO THE GOVERNOR
BY THE LABOR ORGANIZATION REPRESENTING THE MAJORITY OF EMPLOYEES OF THE
METRO-NORTH COMMUTER RAILROAD COMPANY. THE CHAIRMAN OF THE AUTHORITY, AT
HIS DIRECTION, MAY EXCLUDE SUCH NON-VOTING MEMBER OR ALTERNATE NON-VOT-
ING MEMBER FROM ATTENDING ANY PORTION OF A MEETING OF THE AUTHORITY OR
OF ANY COMMITTEE ESTABLISHED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
FOUR OF THIS SECTION HELD FOR THE PURPOSE OF DISCUSSING NEGOTIATIONS
WITH LABOR ORGANIZATIONS.
(IV) THE NON-VOTING MEMBER AND THE TWO ALTERNATE NON-VOTING MEMBERS
REPRESENTING THE NEW YORK YORK CITY TRANSIT AUTHORITY ADVISORY COUNCIL,
THE METRO-NORTH COMMUTER COUNCIL, AND THE LONG ISLAND RAIL ROAD
COMMUTER'S COUNCIL SHALL SERVE EIGHTEEN MONTH ROTATING TERMS, AFTER
WHICH TIME AN ALTERNATE NON-VOTING MEMBER SHALL BECOME THE NON-VOTING
MEMBER AND THE ROTATION SHALL CONTINUE UNTIL EACH ALTERNATE MEMBER HAS
SERVED AT LEAST ONE EIGHTEEN MONTH TERM AS A NON-VOTING MEMBER. THE
OTHER NON-VOTING MEMBER AND ALTERNATE NON-VOTING MEMBERS REPRESENTING
A. 7774 3
THE NEW YORK CITY TRANSIT AUTHORITY, METRO-NORTH COMMUTER RAILROAD
COMPANY, AND THE LONG ISLAND RAIL ROAD LABOR ORGANIZATIONS SHALL SERVE
EIGHTEEN MONTH ROTATING TERMS, AFTER WHICH TIME AN ALTERNATE NON-VOTING
MEMBER SHALL BECOME THE NON-VOTING MEMBER AND THE ROTATION SHALL CONTIN-
UE UNTIL EACH ALTERNATE MEMBER HAS SERVED AT LEAST ONE EIGHTEEN MONTH
TERM AS A NON-VOTING MEMBER. THE TRANSIT AUTHORITY AND THE COMMUTER
RAILROADS SHALL NOT BE REPRESENTED CONCURRENTLY BY THE TWO NON-VOTING
MEMBERS DURING ANY SUCH EIGHTEEN MONTH PERIOD.
§ 2. Paragraph (a) of subdivision 3 of section 1263 of the public
authorities law, as amended by chapter 929 of the laws of 1986, is
amended to read as follows:
(a) A majority of the whole number of members of the authority then in
office shall constitute a quorum for the transaction of any business or
the exercise of any power of the authority. Except as otherwise speci-
fied in this title, for the transaction of any business or the exercise
of any power of the authority, the authority shall have power to act by
a majority vote of the members present at any meeting at which a quorum
is in attendance and except further, [that in the event of a tie vote
the chairman shall cast one additional vote] THAT ALL VOTES INVOLVING
THE AUTHORITY TAKING ON ANY NEW FINANCIAL OBLIGATION MUST BE BY A TWO-
THIRDS VOTE OF ITS MEMBER THEN IN OFFICE.
§ 3. This act shall take effect immediately.